IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT
This Terms of Service (“Terms”) constitutes a legally binding contract between you (“Client,” “you,” or “your”) and DIY Pools and Spas LLC (“Company,” “we,” “us,” or “our”). By checking the acceptance box during checkout or accessing The Homeowner Builder Program, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained herein. If you do not agree to these terms, do not purchase, access, or use the Program.
The Homeowner Builder Program is a comprehensive service through which DIY Pools and Spas LLC provides:
By purchasing, accessing, or using the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
Upon successful payment, you will receive immediate access to Program content, including but not limited to videos, resource guides, intake forms, and design tools.
You are expressly prohibited from:
All content, materials, designs, and resources provided within the Program remain the exclusive property of DIY Pools and Spas LLC. Nothing in these Terms transfers any ownership rights to you.
You will have access to all Program resources until the completion of your pool construction project. Upon project completion, your access to certain Program materials may expire.
Clients cannot transfer rights under these Terms to another party unless explicitly authorized in writing by DIY Pools and Spas LLC.
DIY Pools and Spas LLC is committed to protecting your privacy. All customer data will remain private and will not be shared with third parties except as required to fulfill our obligations under these Terms or as required by law.
You may request that your personal data be deleted upon fulfillment of services and project completion by submitting a written request to DIY Pools and Spas LLC.
By accepting these Terms, you expressly consent to DIY Pools and Spas LLC contacting you through various communication channels, including:
This consent remains valid for communications related to Program services, updates, and related offerings.
By submitting, posting, or sharing photos, videos, testimonials, or other content in our Facebook group or other platforms associated with DIY Pools and Spas LLC, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content for promotional, educational, or business purposes. Additionally, DIY Pools and Spas LLC reserves the right to share any design work executed on behalf of clients for portfolio, marketing, and educational purposes.
You are eligible for a conditional refund within the first 30 days of Program enrollment, subject to the following requirements:
DIY Pools and Spas LLC guarantees to provide any needed corrections to our construction plans as required by your Homeowners Association (HOA) or local building department at no additional cost. This guarantee:
DIY Pools and Spas LLC promises to provide access to a locally licensed engineer for standard pool engineering in the following states only:
Clients in all other states must source their own engineering services independently of DIY Pools and Spas LLC.
DIY Pools and Spas LLC will provide a list of subcontractors for your project. By accepting these Terms, you acknowledge and agree that:
DIY Pools and Spas LLC provides clients access to select wholesale pool equipment. You acknowledge that:
DIY Pools and Spas LLC guarantees that using our Program will result in savings of at least $10,000 compared to hiring a traditional pool company. The following conditions apply:
Except as expressly provided in Section 5.1 (“Love It or Leave It” 30-Day Money Back Guarantee) and Section 5.6 (“Save or Don’t Pay Guarantee”), all purchases are final and non-refundable. No refunds will be provided for any reason outside of the specific conditions outlined in these sections.
By accepting these Terms, you expressly agree to waive your right to dispute charges or initiate chargebacks with your payment provider (credit card company, bank, PayPal, etc.) for services rendered by DIY Pools and Spas LLC. You agree to contact DIY Pools and Spas LLC directly to resolve any payment or service issues before involving your payment provider. Any chargeback or payment dispute initiated in violation of this provision will constitute a material breach of these Terms and may result in immediate termination of your access to the Program.
All services and consulting provided by DIY Pools and Spas LLC under this Program will terminate upon the completion of your pool project. The completion of your pool project is defined as the final installation and functionality of your pool. Any additional services or consulting required after project completion will require a separate agreement and may incur additional fees.
To the maximum extent permitted by law, DIY Pools and Spas LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
In no event shall DIY Pools and Spas LLC’s total liability to you for all claims related to the Program exceed the amount paid by you for the Program.
You agree to defend, indemnify, and hold harmless DIY Pools and Spas LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
DIY Pools and Spas LLC reserves the right to modify or replace these Terms at any time. Material changes will be notified to you via the email address associated with your account.
DIY Pools and Spas LLC may terminate or suspend your access to the Program immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
DIY Pools and Spas LLC reserves the right, at its sole discretion, to amend these Terms from time to time. Any amendments will be posted at https://www.diypoolsandspas.com/terms, with the “Last Updated” date revised accordingly. In the event of a material amendment to these Terms, DIY Pools and Spas LLC will:
If you reject the amendments, you may continue to use the Program under the existing terms until the end of your current service period. However, any renewal or continued use of the Program after the effective date of the amendments will constitute your acceptance of such amendments. If the amendments significantly reduce your rights or substantially increase your obligations under these Terms, and you do not accept these amendments, DIY Pools and Spas LLC may, at its sole discretion, offer you the option to terminate your participation in the Program and receive a prorated refund for any unused portion of prepaid services.
If any proceeding or action shall be brought to recover any amount under these Terms, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of these Terms, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees and legal expenses incurred in connection with such action, the amount of which shall be fixed by the court and made a part of any award or judgment rendered. This provision shall survive the termination of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the venue for such arbitration being Nashville, Tennessee.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between DIY Pools and Spas LLC and you concerning the Program and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DIY Pools and Spas LLC with respect to the Program.
If you have any questions about these Terms, please contact us at:
DIY Pools and Spas LLC
Phone: 951-494-4023
Email: support@diypoolsandspas.com
BY CHECKING THE “I AGREE” BOX DURING CHECKOUT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.
